Contractual Remedies Act 1979

  • repealed
  • Contractual Remedies Act 1979: repealed, on 1 September 2017, by section 345(1)(d) of the Contract and Commercial Law Act 2017 (2017 No 5).
8 Rules applying to cancellation

(1)

The cancellation of a contract by a party shall not take effect—

(a)

before the time at which the cancellation is made known to the other party; or

(b)

before the time at which the party cancelling the contract evinces, by some overt means reasonable in the circumstances, an intention to cancel the contract, if—

(i)

it is not reasonably practicable for the cancelling party to communicate with the other party; or

(ii)

the other party cannot reasonably expect to receive notice of the cancellation because of that party’s conduct in relation to the contract.

(2)

The cancellation may be made known by words, or by conduct evincing an intention to cancel, or both. It shall not be necessary to use any particular form of words, so long as the intention to cancel is made known.

(3)

Subject to this Act, when a contract is cancelled the following provisions shall apply:

(a)

so far as the contract remains unperformed at the time of the cancellation, no party shall be obliged or entitled to perform it further:

(b)

so far as the contract has been performed at the time of the cancellation, no party shall, by reason only of the cancellation, be divested of any property transferred or money paid pursuant to the contract.

(4)

Nothing in subsection (3) shall affect the right of a party to recover damages in respect of a misrepresentation or the repudiation or breach of the contract by another party.

Section 8(1)(b): replaced, on 19 December 2002, by section 5 of the Contractual Remedies Amendment Act 2002 (2002 No 79).